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FISHER v. OKLAHOMA HEALTH CARE AUTHORITY

No. 02-5192.

335 F.3d 1175 (2003)

Katherine FISHER; Earlee Heath; Karol Loy, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. OKLAHOMA HEALTH CARE AUTHORITY, Sued as: State of Oklahoma, Oklahoma Health Care Authority and Mike Fogarty, in his capacity as CEO of the Oklahoma Health Care Authority; Mike Fogarty, Defendants-Appellees, Oklahoma Disability Law Center, Inc., Amicus-Curiae.

United States Court of Appeals, Tenth Circuit.

July 15, 2003.

Attorney(s) appearing for the Case

Stephen F. Gold (Morris Bernstein, University of Tulsa Boesche Legal Clinic, Tulsa, Oklahoma, with him on the briefs), Philadelphia, PA, for the Plaintiffs-Appellants.

Andrew J. Tevington, Deputy General Counsel, Oklahoma Health Care Authority, Oklahoma City, OK, for the Defendants-Appellees.

Kayla A. Bower and Joy J. Turner, Oklahoma Disability Law Center, Inc., Oklahoma City, OK, filed a brief for the Amicus-Curiae.

Before LUCERO, BALDOCK, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiffs, three disabled individuals receiving state-funded medical care as part of Oklahoma's Home and Community-Based Services ("HCBS") Waiver Program, the "Advantage Program," ask us to decide whether the defendants, the Oklahoma Health Care Authority ("OHCA")— the state agency that administers the Medicaid program for Oklahoma—and Mike Fogarty, in his official capacity as CEO of the OHCA, are violating federal law by the...

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